venue – laccp Flashcards
ordinary rules
where is venue proper for an individual domiciliary
parish of domicile
ordinary rules
where is venue proper for an individual that is a resident, but not a domiciliary
parish of residence
ordinary rules
where is venue proper for an individual that is a nonresident with an agent
the parish of the agent’s PO box
ordinary rules
where is venue proper for an individual that is a nonresident and has no agent in the state
parish of plaintiff’s domicile or where service was rendered
ordinary rules
where is venue proper for a domestic corporation/LLC entity
parish of registered office
ordinary rules
where is venue proper for a foreign corporation/LLC that is licensed to do business in the state
parish of the principal business establishment indicated on the application, and if there’s no PB, then PPB
ordinary rules
where is venue proper for an LLC or corporation that is foreign and not licensed to do business in the state
parish of plaintiff’s domicile or where service is rendered
ordinary rules
where is venue proper for a domestic insurer
parish of registered office
ordinary rules
where is venue proper for a foreign/alien insurer
east baton rouge
ordinary rules
where is venue proper for partnerships and unincorporated associations
parish of place of business establishment
exceptions to general rules
where is venue proper when D has changed domicile
suit can be filed in old domicile for up to one year after change, or new domicile
D can cut this off by filing declaration of intent to change domicile
exceptions to general rules
where is venue proper to joint or solidary obligors
parish where domicile is proper to one under the general rules is proper to all
exceptions to general rules
where is venue proper in a tort action against joint or solidary obligors
can be brought in plaintiff’s domicile if one is an insurance company and venue is proper to the company or if jurisdictionw as obtained over a D under long arm
exceptions to general rules
where is venue proper for a tort suit
- where damages sustained
- where wrongful conduct occurred
- where D is domiciled
exceptions to general rules
where is venue proper for a contract action
- where contract was executed
- where any service was, or was going to be, performed
exceptions to general rules
where is venue proper for an action against a person having a business office on a matter over which that office had supervision
where the office is located
exceptions to general rules
where is venue proper for immovable property
where immovable property is located or defendant is domiciled
how can venue be waived
if a proper declinatory exception is not raised prior to making a general appearance or confirmation of default
who must raise a declinatory exception to object to venue
defendant must raise; court will not raise on its own motion
what happens if there are conflict(s) between the venue rules
- if preferred rules conflict with general rules or any of the optional rules, the preferred rule governs exclusively
- If there’s a conflict between any of the preferred rules or between general rules or optional, plaintiff may choose
what are the consequences of improper venue
court may dismiss the suit, or in the interest of justice, transfer to a court of proper venue
what is the doctrine of forum non conveniens
allows a court to transfer a suit, though venue is proper, to a parish where suit might have been brought if:
- necessary for the convenience of the parties and witnesses; and
- in the interest of justice
what is the result of failing to file a declinatory exception in relation to forum non conveniens
will not prevent this from being filed, but it must be brought within a reasonable amount of time
what is the exception for forum non conveniens
no suit brought in the parish of P’s domicile, in a court of competent jurisdiction, and where venue is proper, may be transferred for forum non conveniens
what is the effect on prescription if the plaintiff filed the action in the wrong venue
will interrupt prescription if service is made within the prescriptive period
nonwaivable venue
where must an action to annul a judgment be brought
in the trial court that rendered the judgment
nonwaivable venue
where must a succession proceeding be brought
- where decedent was domiciled
- if not domiciled in La., where they owned immovable property
- last resort –where defendant owned movable property
nonwaivable venue
where must an action for annulment or divorce be filed
where either spouse is domiciled or in the parish of matrimonial domicile
nonwaivable venue
where must an action for emancipation be brought
where party is domiciled
nonwaivable venue
where must an interdiction proceeding be brought
where interdict is domiciled or, if not domiciled, where he resides; last resort would be where he may be found
